CEBU, Philippines - For lack of probable cause, the Cebu Provincial Prosecutor’s Office has dismissed the criminal complaint against the chief of police of Poro, Camotes who was accused of arbitrary detention and delay in the delivery of detained persons to proper judicial authority.
Assistant provincial prosecutor Petronio Elesterio found as insufficient the evidence wanting to indict Police Senior Insp. Alexander Ancao of the complaint filed by Jovencio Guinocor for the alleged illegal arrest of his son.
Guinocor’s son was arrested by Ancao and his men on February 27, 2009 because of his alleged involvement in a frustrated murder case.
However, Guinocor questioned the arrest saying it did not have legal basis.He likewise questioned the delay of the turn- over of his son to the proper judicial authority prompting him to file the criminal complaint for violations of Article 124 and 125 of the Revised Penal Code.
However, the prosecutor’s office ruled that the complainant himself admitted that his son was arrested because of frustrated murder, an admission that the arrest was with legal basis.
The alleged delay in the delivery of detained person to proper judicial authority was also satisfactorily explained by Ancao.
Ancao said Guinocor’s son was arrested on a Friday and it took them time to prepare the necessary documents to be able to catch up the filing of the case.
Since the following day is a Saturday, Ancao did not anymore bring the arrested person to Cebu City to file the case, instead they waited for the next working day, which on a Monday.
“To oblige them to perform as such is not only ridiculous but risky as well specially with a detention prisoner in tow,” Elesterio’s resolution read. — Fred P. Languido/WAB (THE FREEMAN)